§15-1E-15. Commanding officer's nonjudicial punishment.
(a) Under such regulations as prescribed, any commanding
officer (and for purposes of this article, officers-in-charge) may
impose disciplinary punishments for minor offenses without the
intervention of a court-martial pursuant to this article. The
Governor, the Adjutant General, or an officer of a general or flag
rank in command may delegate the powers under this section to a
principal assistant who is a member of the state military forces.

(b) Any commanding officer may impose upon enlisted members of
the officer's command:

(1) An admonition;

(2) A reprimand;

(3) The withholding of privileges for not more than six months
which need not be consecutive;

(4) The forfeiture of pay of not more than seven days' pay;

(5) A fine of not more than seven days' pay;

(6) A reduction to the next inferior pay grade, if the grade
from which demoted is within the promotion authority of the officer
imposing the reduction or any officer subordinate to the one who
imposes the reduction;

(7) Extra duties, including fatigue or other duties, for not
more than fourteen days, which need not be consecutive; and

(8) Restriction to certain specified limits, with or without
suspension from duty, for not more than fourteen days, which need not be consecutive.

(c) Any commanding officer of the grade of major or lieutenant
commander, or above may impose upon enlisted members of the
officer's command:

(2) The forfeiture of not more than one-half of one month's
pay per month for two months;

(3) A fine of not more than one month's pay;

(4) A reduction to the lowest or any intermediate pay grade,
if the grade from which demoted is within the promotion authority
of the officer imposing the reduction or any officer subordinate to
the one who imposes the reduction, but an enlisted member in a pay
grade above E-4 may not be reduced more than two pay grades;

(5) Extra duties, including fatigue or other duties, for not
more than forty-five days which need not be consecutive; and

(6) Restriction to certain specified limits, with or without
suspension from duty, for not more than sixty days which need not
be consecutive.

(d) The Governor, the Adjutant General, an officer exercising
general court-martial convening authority, or an officer of a
general or flag rank in command may impose:

(B) Arrest in quarters for not more than thirty days which
need not be consecutive.

(2) Upon enlisted members of the officer's command any
punishment authorized in subsection (c).

(e) Whenever any of those punishments are combined to run
consecutively, the total length of the combined punishment cannot
exceed the authorized duration of the longest punishment in the
combination, and there must be an apportionment of punishments so
that no single punishment in the combination exceeds its authorized
length under this article.

(f) Prior to the offer of nonjudicial punishment, the
commanding officer shall determine whether arrest in quarters or
restriction shall be considered as punishments. Should the
commanding officer determine that the punishment options may
include arrest in quarters or restriction, the accused shall be
notified of the right to demand trial by court-martial. Should the
commanding officer determine that the punishment options will not
include arrest in quarters or restriction, the accused shall be
notified that there is no right to trial by courts-martial in lieu
of nonjudicial punishment

(g) The officer who imposes the punishment, or the successor
in command, may, at any time, suspend, set aside, mitigate, or
remit any part or amount of the punishment and restore all rights,
privileges, and property affected. The officer also may:

(1) Mitigate reduction in grade to forfeiture of pay;

(2) Mitigate arrest in quarters to restriction; or

(3) Mitigate extra duties to restriction.

The mitigated punishment shall not be for a greater period
than the punishment mitigated. When mitigating reduction in grade
to forfeiture of pay, the amount of the forfeiture shall not be
greater than the amount that could have been imposed initially
under this section by the officer who imposed the punishment
mitigated.

(h) A person punished under this section who considers the
punishment unjust or disproportionate to the offense may, through
the proper channel, appeal to the next superior authority within
fifteen days after the punishment is either announced or sent to
the accused, as the commander may determine. The appeal shall be
promptly forwarded and decided, but the person punished may in the
meantime be required to undergo the punishment adjudged. The
superior authority may exercise the same powers with respect to the
punishment imposed as may be exercised under subsection (g) by the
officer who imposed the punishment. Before acting on an appeal
from a punishment, the authority that is to act on the appeal may
refer the case to a judge advocate for consideration and advice.

(i) The imposition and enforcement of disciplinary punishment
under this section for any act or omission is not a bar to trial by
court-martial or a civilian court of competent jurisdiction for a
serious crime or offense growing out of the same act or omission
and not properly punishable under this article; but the fact that a disciplinary punishment has been enforced may be shown by the
accused upon trial and, when so shown, it shall be considered in
determining the measure of punishment to be adjudged in the event
of a finding of guilty.

(j) Whenever a punishment of forfeiture of pay is imposed
under this article, the forfeiture may apply to pay accruing
before, on, or after the date that punishment is imposed.

(k) Regulations may prescribe the form of records to be kept
of proceedings under this section and may prescribe that certain
categories of those proceedings shall be in writing.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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